The American president versus his own capital. What can Trump really?
The capital of the United States, unlike other American cities, is already subject to significant federal control – a Trump refers to his extraordinary rights to strengthen her. However, a mixture of complex regulations and rules regarding the use of the army to enforce the law, the distribution of federal agents on the streets of Washington and the city's independent policy in the field of combating crime can still cause legal confusion and inevitable complaints. Here's what Trump can – and what he can't – do in the capital.
Can the president take control of the capital police?
Yes, although to a limited extent. Act on self -government (Home Rule Act) gives the president the right to use Washington's police forces for “federal goals”if it finds that there are “special extraordinary conditions”.
He can use the police in Washington for 48 hours or up to 30 days if he sends a special notification to the leaders of some congress committees. To use the police in Washington for more than 30 days, he would have to obtain the consent of the Congress.
In the Monday regulation, Trump announced that the police forces in Washington under his control would be protect federal buildings and national monumentswhich is usually the role of federal law enforcement agencies.
Can the president arrange branches of the National Guard in Washington?
Yes, Trump has greater power over the National Guard in Washington than over the guard in 50 states. Governors control state guard (although the president can “federalize” them in emergency or for use in combat operations). The district of Colombia, of course, does not have a governor, and the guard is not controlled by the mayor, but directly by the president.
Is there no restrictions in using the army to enforce the law?
There are, but these restrictions may not apply to the capital's National Guard. Federal Act adopted in 1878, Posse Comitatus Actprohibits the use of US troops to enforce the right to civilians, except for cases when the constitution or other federal law allows it.
The Trump administration is currently undergoing a trial in Los Angeles in connection with the distribution of the California guard in June to suppress proimigrant demonstrations. The federal judge will consider that Trump's decision has violated the law of 1878 and must be repealed.
However, the legality of using the Guard in Washington can be a completely different issue. It rarely met with legal resistance because It was usually held in cooperation with the Washington authorities. The Department of Justice has long maintained that the Guard in Washington, unlike other guard, can be used for ordinary law enforcement without violation Posse Comitatus.
In the legal opinion of 1989, the Department's Legal Advisor Office (OLC) of the Department stated that President George HW Bush It can use the capital's guard to carry out the mission of enforcement of law in Washington under the so -called Drug wars. If the distribution of the guard by Trump is questioned in court, the judge will almost certainly consider Olc's opinion, but he will not be associated with it.
Does Trump have the right to “federalization” of Washington?
Trump cannot independently take control of the authorities of the capital district of Colombia. The Constitution grants the Congress the right to “exclusive state of all law” for “the headquarters of the United States”. In 1973, along with the adoption of the Act Home Rule ActCongress has created the local government of Washington, which still exists today.
Protest against the decision of Donald Trump on the distribution of the National Guard in the capital. Washington, August 11, 2025
According to the Act, Washington has significant control over daily local matters. However, the federal authorities – including law enforcement agencies, such as the Capitol Police and the Police of National Parks – maintain control over land and federal property. And Congress has the last word on the capital's local policy: The Act on self -government allows the Congress to effectively veto all provisions adopted by the City Council.
The president himself does not have the right to “federalize” the Washington government. He would need a congress to change the law on self -government.
Has Trump once sent the federal authorities to Washington?
Yes, Trump tested the limits of his possibilities of using federal agents and the National Guard in Washington.
Trump performs clear control and power over tens of thousands of federal law enforcement officerswho work in this area for federal agencies, including the FBI, Secret Service, etc. Trump has arranged many of these agencies in June 2020 to remove the Black Lives Matter protesters from the Lafayette Park opposite the White House.
Trump also met with criticism for his inactivity of January 6, 2021 – when the crowd of his supporters attacked the Capitol and he did not ensure that the National Guard supported the legislators besieged in the building. Although Trump's advisers claimed that he had previously authorized them to distribute the national guard if necessary, witnesses claimed that Trump did not make any efforts to contact military leadership during chaos. Even when his then vice president, Mike Pence, made urgent phones to ensure the reaction of the federal authorities.
On Monday, Trump also encouraged law enforcement officers in Washington to “strong” impact, if instigators spit on them and or provoke. However, it's Trump He pardoned hundreds of people who attacked and hurt the same officers on January 6sometimes using weapons, and suggested that his supporters had a “small” scale.
